Upper Missouri River Breaks National Monument – Travel guide at Wikivoyage Understand[ edit ] From Fort Benton to the Charles M. Russell National Wildlife Refuge, the monument spans 149 miles of the Upper Missouri River, the adjacent Breaks country, and portions of Arrow Creek, Antelope Creek, and the Judith River. The Missouri is the longest river in the United States, flowing more than 2,500 miles from its source on the eastern slope of the Rockies near Three Forks , Montana, to its confluence with the Mississippi River at St. Louis , Missouri . History[ edit ] The Breaks country was a model for many of the paintings done by painter Charles M. Russell. The area has remained largely unchanged in the nearly 200 years since Meriwether Lewis and William Clark traveled through it on their epic journey. Created by Proclamation by President William J. Clinton on January 17, 2001, it encompasses 495,502 acres (200,523 ha). The adjacent Missouri River was designated a Wild and Scenic River in 1976 and forms a western boundary while the Charles M.

Russell National Wildlife Refuge is to the east. Congress designated 149 miles of the Upper Missouri (UMNWSR) as a component of the National Wild and Scenic River System in 1976, calling it an irreplaceable legacy of the historic American west. Congress further stated that the river, with its immediate environments, possesses outstanding scenic, recreational, geological, fish and wildlife, historic, cultural, and other similar values. BLM was directed to preserve the Upper Missouri River in a free-flowing condition and protect it for the benefit of present and future generations. The UMNWSR boundary starts at Fort Benton, Montana, and runs 149 miles downstream ending at the James Kipp Recreation Area. Landscape[ edit ] The Breaks is a series of badland areas characterized by rock outcroppings, steep bluffs and grassy plains. The valley of the Upper Missouri was originally laid down in horizontal layers, the sediments and shorelines of a great inland sea that once covered most of the Great Plains . These layers have since been folded, faulted, uplifted, modified by volcanic activity and sculpted by glaciers.

Erosion then added to the variety seen along the river today, a landform known as the Breaks. Flora and fauna[ edit ] The Breaks is home to at least 60 mammal species and hundreds of bird species. Willows and shrubs are found along the Missouri River banks while sagebrush and short grass prairie are dominant elsewhere. Forty-nine species of fish (ranging from 1/2-oz. minnows to 140 lb. paddlefish) reside in the river. Fishermen are most likely to catch goldeye, drum, sauger, walleye, northern pike, channel cat, carp, and small mouth buffalo. Of the six remaining paddlefish populations in the United States, the Upper Missouri's appears to be the largest in average size. Generally only taken by snagging in the spring during upstream spawning runs, they are excellent table fare. Occasionally floaters may see these lunkers roll on the surface. Other unusual species in the river are the endangered pallid sturgeon and shovel nose sturgeon. Pronghorn antelope and mule deer are the most prevalent on the bench land above the river.

You may also see beaver, coyotes, bald and golden eagle, white-tailed deer, and the occasional bighorn sheep while you are floating the river. Get in[ edit ] The Missouri Breaks Interpretive Center is located at 701 7th Street, Fort Benton, Montana. From Great Falls : Travel on U.S. 87 north for 40 miles to Fort Benton. Once in town, turn left onto 13th Street and right on Front Street. Take Front Street to 7th and turn left. From Glacier National Park : Follow U.S. 2 to Highway 223 in Chester. Travel south on Hwy 223 for 54 miles to Fort Benton. Once in town, turn left on 13th Street and right on Front Street. Take Front Street to 7th and turn left. Traveling from Lewiston : Travel west on U.S. 200 to Stanford. Turn right (north) on Highway 80 and travel 57 miles to Fort Benton. In town, turn left on Front Street. Take Front Street to 7th and turn left.

The Missouri Breaks National Back Country Byway consists of gravel roads and unsurfaced roads that become totally impassable when wet. Check the weather, and do not attempt to travel the Byway if wet weather is threatening. Even a brief shower can turn the dirt roads into "gumbo" which is extremely slick and binds tenaciously to everything it contacts. Even a 4-wheel drive vehicle, the obvious choice for most back country travel, is no match for the clinging mud. There are no services along the Byway, so be sure you have plenty of fuel, water and other essentials. Cell phone coverage is non-existent. Fees/Permits[ edit ] There is no permit or visitor fee required for a non-commercial river trip, unless your group size is more than 30. If it is, you need to apply for a Special Recreation Permit by contacting the Fort Benton River Management Station at (877) 256-3252. Get around[ edit ] Vast portions of the monument are serviced only by graveled and unimproved roads. Much of the monument is not accessible by any road, inviting visitors to explore on foot or by boat on the Missouri River.

In some areas, the BLM lands are intermingled with State of Montana lands and private property. It is important that visitors enjoying the public lands of the monument remember to respect the rights of private land owners and be aware of trespassing. Visitors are encouraged to visit the Missouri Breaks Interpretive Center, 701 7th Street, Fort Benton, MT 59442. Staff will be able to assist with maps, local outfitters, closure information, and general safety tips. Public access to the Upper Missouri River is limited, so you need to plan ahead about where you will put in and take out. Private landowners along the river are able to enter the river from their own land, but visitors must use the developed public access sites. Principal launch points are: Fort Benton Canoe Launch (mile 0), Fort Benton Motorboat Launch (mile 1), Wood Bottom (mile 20.3), Coal Banks Landing (mile 41.5), Judith Landing (mile 88.5), and James Kipp Recreation Area (mile 149).

Additional launch opportunities at Virgelle Ferry (mile 39.1) and McClelland (or Stafford) Ferry (mile 101.8) make possible trips of various lengths. Traveling the Byway[ edit ] The Byway begins at the community of Winifred, 38 miles north of Lewistown on Montana Highway 236. From Winifred travel east on the DY Trail Road approximately 12 miles to a junction of the Byway's two major routes, DY Trail Road to the north and the Knox Ridge Road which continues eastward. The Knox Ridge Road is an all-weather road with gentle grades except within the C.M. Russell National Wildlife Refuge. The road within the Refuge is not surfaced and can turn into gumbo and become impassable when wet. The Knox Ridge Road provides glimpses into the Missouri Breaks and superb prairie scenery. Most of the DY Trail Road is not surfaced and penetrates into the more rugged "breaks" country along the uplands of the river. The Byway can be exited from the Wildlife Refuge junction to U.S. Highway 191. The last couple of miles of this unsurfaced road are very steep and narrow.

Camping[ edit ] Camping is permitted on BLM lands that have not been developed as a camp site. You must have legal access to the area and travel on existing roads and trails. The maximum stay is 16 days. Stay safe[ edit ] All visitors are encouraged to carry a map and have basic land navigation skills before exploring the remote areas of the monument. Access to services and supplies is limited, so if you want it, bring it with you. Go next[ edit ] Glacier National Park - Widely considered one of the most beautiful areas in the world. Located 54 miles north of Fort Benton, Glacier is at the very least an absolute must do day trip. See incredible mountain peaks, dramatic valleys carved by glaciers, isolated alpine lakes, raging waterfalls, active glaciers, and more wild life than you ever imagined. Camp at one of the many campgrounds and spend some time just soaking in the natural beauty of one of North America's Crown Jewels. Yellowstone National Park and Grand Tetons National Park - Approximately 4 1/2 hours south on US 89, Yellowstone is arguably the most famous National Park in the US. See thermodynamics at work in nature!

Visit Old Faithful, hike to breath taking Yellowstone Falls, see wolves, bear, and bison in their natural habitat, see the spectacular vistas of the Grand Tetons. Yellowstone pretty much explains itself. While it would be a difficult day trip, there's doubt that anyone would only want to spend a single day in one of the most incredible places in the world. Warning, Yellowstone gets incredibly crowded during the summer months as it is a world wide tourist destination. Fort Benton - At the west end of the on Highway 87. A Nationally Registered Historic Landmark. Fort Benton's claim to fame is that it was as far west as Steam Ships could go on the Missouri River and thus became a vitally important to the expansion of the United States into the western territories. Once gold was discovered in Montana, Fort Benton became a primary destination for goldminers as they expanded into the western US and Canada in search of gold. Visit the still intact actual Fort. Walk along the levee and see an actual steam-ship. Visit the museums and learn about the history of one the Wild West's Wildest towns. This park travel guide to Upper Missouri River Breaks National Monument is an outline and needs more content.

It has a template , but there is not enough information present. Please plunge forward and help it grow ! Wildlife U.S. DEPARTMENT OF THE INTERIORBUREAU OF LAND MANAGEMENT Montana/Dakotas Print Page Wildlife of the Upper Missouri River Breaks National Monument Forty-nine species of fish (ranging from 1/2-oz. minnows to 140 lb. paddlefish) reside in the river. Fishermen are most likely to catch goldeye, drum, sauger, walleye, northern pike, channel cat, carp, and small mouth buffalo. Of the six remaining paddlefish populations in the United States, the Upper Missouri's appears to be the largest in average size. Generally only taken by snagging in the spring during upstream spawning runs, they are excellent table fare. Occasionally floaters may see these lunkers roll on the surface. Other unusual species in the river are the endangered pallid sturgeon and shovel nose sturgeon. Shoreline areas provide habitat for soft-shelled turtles, beaver and a wide variety of waterfowl. The riparian zone immediately adjacent to the river bank is the most important vegetative type in the river valley.

Riparian habitat, like that along the Upper Missouri, makes up less than 1% of the vegetative mosaic of the west, yet a greater variety of wildlife species depend upon it than any other vegetative type in the West. The riparian zone is a complex ecological community. It is fragile and its survival depends upon many of the natural forces that at first glance appear to be quite harsh. A dynamic and essential element of the riparian zone is the river itself. Both vegetation and wildlife in this area are dependent upon normal fluctuations in water height and silt load and the river's tendency to meander. High flows recharge groundwater to levels needed by riparian vegetation and deposit nutrient rich soils across bottom lands. The river's meandering builds new gravel bars, islands, and new bottom lands to replace those that have become too high and dry for riparian vegetation. Most of the 60 species of mammals, 233 species of birds, and 20 species of amphibians and reptiles that inhabit the Upper Missouri River valley are dependent in one way or another upon the riparian zone. Among the more common species are white-tailed deer and pheasant.

While at one time they only visited the area during the late fall and winter, bald eagles are again nesting in cottonwood snags. Between the riparian zones and the valley slopes are the bottom lands. One of the most common species living here is the prairie dog, a critter that is especially popular with visitors from outside the region. Mule deer and sharp-tailed grouse are also found in the valley slopes and coulees. The plains above the valley provide habitat for antelope and sage grouse. Elk and bighorn sheep use a variety of these habitat types. A very special place in the cross-section of the river valley is the cliff faces. Nooks and crannies in the cliffs provide perching and nesting habitat for the many raptors that inhabit the river area. Among them are the sparrow hawk, prairie falcon, and golden eagle. In addition to those mentioned above, you might also see pronghorn antelope, coyotes, mountain lions, red fox, badger, raccoon, skunk, beaver, porcupine, muskrat, numerous waterfowl, songbirds, raptors and reptiles. Monument Information 85-20-1801.

United States of America, Bureau of Land Management, Upper Missouri River Breaks National Monument-Montana compact ratified. 85-20-1801. United States of America, Bureau of Land Management, Upper Missouri River Breaks National Monument-Montana compact ratified. This Compact is entered into by the state of Montana and the United States of America to settle for all time any and all claims to federal reserved water rights for the Upper Missouri River Breaks National Monument administered by the U.S. Bureau of Land Management within the state of Montana.

ARTICLE I RECITALS WHEREAS, the State of Montana, in 1979 pursuant to Title 85, chapter 2, of the Montana Code Annotated, commenced a general adjudication of the rights to the use of water within the State of Montana including all federal reserved and appropriative water rights; WHEREAS, 85-2-228 , MCA, provides that a federal reserved water right with a priority date of July 1, 1973, or later be subject to the same process and adjudication as a federal reserved water right with a priority date before July 1, 1973; WHEREAS, 85-2-703 and 85-2-228 (3), MCA, provide that the State may negotiate settlement of claims by the federal government to non-Indian reserved waters within the State of Montana; WHEREAS, the United States wishes to quantify and have decreed the amount of water necessary to fulfill the purposes of the Upper Missouri River Breaks National Monument as articulated in the Proclamation of January 17, 2001; WHEREAS, the Attorney General, or a duly designated official of the United States Department of

 Justice, has authority to execute this Compact on behalf of the United States pursuant to the authority to settle litigation contained in 28 U.S.C.

516-517 (1968); WHEREAS, the Secretary of the Interior, or a duly designated official of the United States Department of the Interior, has authority to execute this Compact on behalf of the United States Department of Interior pursuant to 43 U.S.C. 1457 (1986, Supp. 1992); NOW THEREFORE, the State of Montana and the United States agree as follows: ARTICLE II DEFINITIONS For Purposes of this Compact only, the following definitions shall apply: (1) "Abstract" means copies of the documents entitled "Abstract of U.S. Bureau of Land Management Water Right for the Judith River" and "Abstract of U.S. Bureau of Land Management Water Right for Arrow Creek," referenced in this Compact as Appendices 1 and 2. (2) "Acre-foot" or "Acre-feet" or "AF" means the amount of water necessary to cover one acre to a depth of one foot and is equivalent to 43,560 cubic feet of water. (3) "Arrow Creek Basin" means the watershed of Arrow Creek designated as Montana Water Court Basin 41R.

(4) "BLM" means the United States Department of Interior, Bureau of Land Management or its successor. (5) "Concurrent" means occurring or existing simultaneously or side by side. As applied to this compact, "Concurrent" rights to instream flow are non-additive water rights that constitute a usufructuary interest held by two or more parties in the same volume of water. (6) "Department" means the Montana Department of Natural Resources and Conservation or its successor. (7) "Effective Date" means the date on which the Compact is given ratification by the Montana Legislature, written approval by the United States Department of the Interior, and written approval by the United States Department of Justice, whichever occurs later. (8) "Groundwater" means any water that is beneath the ground surface. (9) "Instream Flow" means the water that the parties agree shall remain in the stream in satisfaction of the United States' reserved water right for the purposes of the federal reservation. (10) "Judith River Basin" means the watershed of the Judith River designated as Montana Water Court Basin 41S. (11) "Monument" means the "Upper Missouri River Breaks National Monument" as defined herein.

(12) "Non-Consumptive Use" means a beneficial use of water that does not cause a reduction in the source of supply or result in a reduction in the quantity or quality of water and in which substantially all of the water returns without delay to the source of supply, causing little or no disruption in stream conditions. (13) "Parties" means the State of Montana and the United States. (14) "Proclamation" means Presidential Proclamation 7398 of January 17, 2001, designating the Upper Missouri River Breaks National Monument. (15) "Proportionally Enforceable Stream Flow" means, as applied to the Arrow Creek water right described herein, a rate of flow that when measured at a point upstream of the designated enforcement point described in Article III.B.2, shall be equivalent to an instream flow right of five (5) cfs measured at the designated enforcement point. (16) "Ramped Diversion" means a condition on new diversions that allows for an increase in diversion of up to twenty (20) cubic feet per second (cfs) per day to prevent sudden drops in the natural recession rate of the river hydrograph.

(17) "Recognized Under State Law" when referring to a water right or use means a water right or use protected by state law, but does not include state recognition of a federal or tribal reserved water right arising under federal law. (18) "Reserved Water Right" means collectively the federal reserved water rights to quantified instream flows in the Judith River and Arrow Creek as described herein. (19) "State" means the state of Montana and all officers, agents, departments, and political subdivisions thereof. Unless otherwise indicated, "state" means the Director of the Montana Department of Natural Resources and Conservation or the Director's designee. (20) "Upper Missouri River Breaks National Monument" means the federal reservation of land that was designated under the Antiquities Act of 1906, 16 U.S.C. 431-433 (1906, Supp. ____) by Presidential Proclamation 7398. (21) "United States" means the federal Government and all officers, agencies, departments, and political subdivisions thereof.

Unless otherwise indicated, for purposes of notification or consent other than service in litigation, "United States" means the Secretary of the Department of the Interior or the Secretary's Designee. ARTICLE III WATER RIGHT The Parties agree that the following water rights are in settlement of the reserved water rights claims of the United States for the Monument. All water rights described in this Article are subject to Article IV of this Compact as well as any specific additional conditions set forth below. A. Priority Date. The United States' water rights for instream flow purposes within the Upper Missouri River Breaks National Monument that are described herein have a priority date of January 17, 2001. The United States' January 17, 2001, water rights are subordinate in priority to water rights Recognized Under State Law existing on June 1, 2012. Accordingly, any water right Recognized Under State Law with a priority date before June 1, 2012, is not subject to call by the United States in the exercise of the Reserved Water Right. B. Instream Flow. The United States has water rights for minimum instream flows in the Judith River and Arrow Creek as follows: 1. The Judith River.

From the point furthest upstream where the Monument boundary crosses the mainstem river channel on the southern boundary of the NW 1/4 SE 1/4 of section 2, T.21N., R.16E., MPM, to the confluence with the Missouri River. The water right is in the amount of an instream flow rate of one hundred and sixty (160) cubic feet per second (cfs), to be measured at the United States Geological Survey (USGS) Gaging Station #06114700 near the confluence of the Judith River with the Missouri River. The period of use for this right is from January 1 to December 31. 2. Arrow Creek. From the point furthest upstream where the Monument Boundary crosses the mainstem creek channel on the western boundary of the SW 1/4 of section 6, T.20N., R.15E., MPM, to the confluence with the Missouri River.

The water right is in the amount of an instream flow rate of five (5) cfs enforceable at the point immediately upstream of the confluence of Arrow Creek and Flat Creek in the SE 1/4 NE 1/4 of section 6, T.22N., R15E., MPM (the designated enforcement point). The period of use for this right is from March 1 to July 31. i. Provision for Alternate Enforcement Location. The parties recognize that measurement at the confluence of Arrow Creek and Flat Creek may be difficult to administer and that measurement at an upstream point may be more feasible. The enforceable level of the flow rate shall be adjusted to an amount proportional to the 5 cfs if measurement is conducted at an upstream measurement point rather than at the designated enforcement point described above. The Proportionally Enforceable Stream Flow shall be determined jointly by the BLM and the Department, after additional stream flow monitoring is conducted by the BLM to provide the Parties sufficient data to make a determination.

Prior to implementing a Proportionally Enforceable Stream Flow, the Parties shall: (1) provide notice to water users in the affected basin of the proposed revision to the enforceable amount; (2) hold at least one meeting in Stanford, Montana, preceded by such notice as may be required under State law for public meetings, at which the Parties shall explain the proposed revision; and (3) provide a reasonable period for receipt of any written public comment concerning the proposed revision. Any future revision of the designated enforcement point and implementation of a Proportionally Enforceable Stream Flow as provided in this section shall be based solely on stream flow monitoring considerations and shall be subject to the same conditions as provided above. Such future revision shall not be considered a modification of this Compact or an enlargement or diminution of the 5 cfs instream flow right in Arrow Creek. C. Stream Reaches on which new mainstem impoundments will be prohibited after the Effective Date of the Compact. 1. The Judith River. From the confluence of the Middle and South Forks of the Judith River downstream to its confluence with the Missouri River. 2. Arrow Creek. From its confluence with Hay Creek downstream to its confluence with the Missouri River. D.

Conditions to be applied to permits issued after the Effective Date of the Compact. 1. Direct from source diversions from the Judith River or Arrow Creek that have a diversion capacity greater than 20 cfs shall be operated as a Ramped Diversion. The permit conditions shall require such diversions to be implemented incrementally with an increase of no more than 20 cfs in any 24-hour period. ARTICLE IV COMPACT IMPLEMENTATION A. Judith River. Judith River flows that are not already appropriated as of the Effective Date of this Compact will be available for future development, subject to the Reserved Water Right and applicable permit conditions as described herein. The Department may approve new uses after the Effective Date of this Compact, but the Department shall condition any permit or approval of new uses to provide that such uses may not cause the flow of the Judith River to fall below one hundred and sixty (160) cfs from January 1 through December 31 at the United States Geological Survey gaging station #06114700 on the lower Judith River near the mouth of the Judith River near Winifred, Montana; and, if required, with the diversion restrictions described under Article III.C.

Appropriations occurring after June 1, 2012, shall be subject to a call by the United States in the exercise of the Reserved Water Right at any time streamflow falls below the minimum instream flow requirement for five (5) consecutive days. B. Arrow Creek. Arrow Creek flows that are not already appropriated as of the Effective Date of this Compact will be available for future development subject to the Reserved Water Right and applicable permit conditions as described herein. The Department may approve new uses after the Effective Date of this Compact but shall condition any permit or approval of new uses to provide that such uses may not cause the flow of Arrow Creek to fall below five (5) cfs if measured at the confluence of Arrow Creek and Flat Creek at the designated enforcement point described in Article III.B.2 above--or if measured at an alternate enforcement location as described in Article III.B.2.i above, a Proportionally Enforceable Stream Flow amount as described therein--from March 1 through July 31; and, if required, with the diversion restrictions described under Article III.C.

New appropriations occurring after June 1, 2012, shall be subject to a call by the United States in the exercise of the Reserved Water Right at any time stream flow falls below the minimum instream flow requirement as measured at the designated enforcement point as described in Article III.B.2 above, or at an alternate enforcement point provided for in Article III.B.2.i. C. Conditions to be applied to permits issued after the Effective Date of the Compact. 1. Direct from source diversions from the Judith River or Arrow Creek that have a diversion capacity greater than twenty (20) cfs shall be operated as a Ramped Diversion. The permit conditions shall require that diversions be implemented incrementally with an increase of no more than 20 cfs in any 24-hour period. D. Uses exempted from curtailment by the United States' exercise of the Reserved Water Right during times of shortage. During times when there is insufficient water to satisfy the Reserved Water Right, and curtailment of junior water rights is otherwise contemplated under Articles III.A and B, the following water rights shall not be subject to call or curtailment for the benefit of the Reserved Water Right: 1.

Non-Consumptive Uses located upstream of the instream flow reaches identified in Article III. 2. Groundwater Uses developed pursuant to 85-2-306 , MCA. Water permits/certificates under the provisions of 85-2-306 , MCA, shall not be subject to call by the Reserved Water Right. Should the Montana Legislature amend the requirements of this section to a more restrictive standard than that in effect under this subsection on the Effective Date of this Compact (35 gallons per minute or less and not to exceed 10 acre-feet per year), the more restrictive standard shall apply to appropriations permitted after the effective date of the amending legislation when determining whether the right is subject to curtailment by the United States in the exercise of the Reserved Right. 3. Stockwater impoundments of less than 15 acre-feet capacity and total appropriation less than 30 acre-feet per year. a.

Stockwater impoundments of less than 15 acre-feet capacity and a total appropriation of less than 30 acre-feet per year that are not diverted from a perennial flowing stream and that are constructed on and will be accessible to a parcel of land that is owned or under control of the applicant and that is 40 surface acres or larger shall not be subject to call by the Reserved Water Right. 4. Temporary Emergency Appropriations under 85-2-113 (3), MCA. 5. An Application submitted pursuant to 85-20-1401 , MCA, Article VI. 6. An application for a permit to appropriate surface water to conduct response actions related to natural resource restoration required for: a. Remedial actions pursuant to the federal Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 42 U.S.C. 9601, et seq.; b. Aquatic resource activities carried out in compliance with and as required by the federal Clean Water Act of 1977, 33 U.S.C. 1251 through 1387; or c.

Remedial actions taken pursuant to Title 75, chapter 10, part 7, of the Montana Code Annotated. E. Prohibition on Future Mainstem Impoundment. DNRC may permit no new impoundments that do not meet the permit exception requirements of 85-2-306 , MCA, on the mainstem of the Judith River or Arrow Creek as described in Article III.C. Reclamation, repair, or rehabilitation of an existing impoundment shall not be considered a new impoundment, provided that reclamation, repair, or rehabilitation shall not cause the impoundment to exceed the storage volume listed on the statement of claim. F. Action for enforcement of Provisions of Article III. The United States may file an original action in a court of competent jurisdiction to enforce the provisions of Article III at any time. The United States shall not be required to exhaust any available administrative remedies in order to enforce Article III of this Compact. ARTICLE V GENERAL PROVISIONS A. No Effect on Tribal Rights or Other Federal Reserved Water Rights. 1.

The relationship between the water rights of the Bureau of Land Management described herein and any rights to water of an Indian Tribe in Montana, or of any federally derived water right of an individual, or of the United States on behalf of such Tribe or individual shall be determined by the rule of priority. 2. Nothing in this Compact may be construed or interpreted in any manner to establish the nature, extent, or manner of administration of the rights to water of any Indian Tribes and Tribal members in Montana. 3. Nothing in this Compact is otherwise intended to conflict with or abrogate a right or claim of an Indian Tribe regarding boundaries or property interests in the State of Montana. 4. Nothing in this Compact may be construed or interpreted in any manner to establish the nature, extent, or manner of administration of the rights to water of any other federal agency or federal lands in Montana other than those of the Bureau of Land Management for the Upper Missouri River Breaks National Monument. B. General Disclaimers. Nothing in this Compact may be construed or interpreted: 1. As a precedent for the litigation of reserved water rights or the interpretation or administration of existing or future compacts between the United States and the State; or of the United States and any other state; 2.

As a waiver by the United States of its right under state law to raise objections in state court to individual water rights claimed pursuant to the state Water Use Act, Title 85, of the Montana Code Annotated, in the basins affected by this Compact, or, except as provided in this Compact, any right to raise objections in an appropriate forum to individual water rights subject to a provisional permit under the State Water Use Act, Title 85, of the Montana Code Annotated, in the basins affected by this Compact; 3. As a waiver by the United States of its right to seek relief from a conflicting water use not entitled to protection under the terms of this Compact; 4. To establish a precedent for other agreements between the State and the United States or an Indian tribe; 5. To determine the relative rights, inter sese, of persons using water under the authority of state law or to limit the rights of the parties or a person to litigate an issue not resolved by this Compact; 6. To create or deny substantive rights through headings or captions used in this Compact; 7. To expand or restrict any waiver of sovereign immunity existing pursuant to federal law as of the Effective Date of this Compact; 8.

To affect the right of the State to seek fees or reimbursement for costs or the right of the United States to contest the imposition of such fees or costs, pursuant to a ruling by a state or federal court of competent jurisdiction or an Act of Congress; 9. To affect, in any manner, the entitlement to or quantification of other federal water rights. This Compact is binding on the United States solely in regard to the water rights of the United States for the Upper Missouri River Breaks National Monument, and this Compact does not affect the water rights of any other federal agency that is not a successor in interest to the water rights subject to this Compact. C. Use of Water Right. Non-use of all or a part of the Reserved Right shall not constitute abandonment of the right. The Reserved Right need not be applied to a use deemed beneficial under state law, but shall be restricted to uses necessary to fulfill the purposes outlined in the Proclamation. D. Concurrent with other Non-Consumptive Instream Water Uses.

The federal reserved water right for instream flows for the Upper Missouri River Breaks National Monument described in this Compact shall run concurrently with any other non-consumptive instream water rights, and shall not be additive to such non-consumptive instream rights. E. Appropriation Pursuant to State Law. Nothing in this Compact may prevent the United States from seeking a water appropriation pursuant to State law for use on the reserved land within the Upper Missouri River Breaks National Monument or for use outside the boundaries of the federal reservation for which a water right is described in this Compact, provided that a water right obtained in this manner shall be Recognized Under State Law and shall be administered pursuant to State law. F. Reservation of Rights. The parties expressly reserve all rights not granted, described, or relinquished in this Compact. G. Severability. The provisions of this Compact are not severable. H. Multiple Originals. This Compact is executed in quintuplicate. Each of the five (5) Compacts bearing original signatures shall be deemed an original. I. Notice. Unless otherwise specifically provided for in this Compact, service of notice, except service in litigation, shall be: 1. State.

Upon the Director of the Department or its successor agency, and such other officials as the Director may designate in writing. 2. United States. Upon the Secretary of the Interior and such other officials as the Secretary may designate in writing. ARTICLE VI FINALITY OF COMPACT A. Binding Effect. 1. The Effective Date of this Compact is the date of the ratification of this Compact by the Montana Legislature, written approval by the United States Department of the Interior, and written approval by the United States Department of Justice. Once effective, all of the provisions of this Compact shall be binding on: a. the State and a person or entity of any nature whatsoever using, claiming or in any manner asserting a right under the authority of the State to the use of water; and b. except as otherwise provided in Article V.A, the United States, a person or entity of any nature whatsoever using, claiming, or in any manner asserting a right under the authority of the United States to the use of water. 2. Following the Effective Date, this Compact may not be modified without the written consent of both parties. Any attempt to unilaterally modify this Compact by either party shall render this Compact voidable at the election of the other party. B. Settlement of Claims.

The parties intend that the Reserved Water Rights described in this Compact are in full and final settlement of the reserved water right claims of the United States for the Upper Missouri River Breaks National Monument. Pursuant to this settlement, by which certain federal Reserved Water Rights are expressly recognized by the State in this Compact, the United States hereby and in full settlement of any and all claims filed by the United States or which could have been filed by the United States for the Monument relinquishes forever all said claims on the Effective Date of this Compact to water within the State of Montana for Reserved Water Rights for the above mentioned unit. The State agrees to recognize the Reserved Water Right described and quantified herein, and shall, except as expressly provided for herein, treat them in the same manner as any other appropriation. C. The parties agree to defend the provisions and purposes of this Compact from all challenges and attacks. IN WITNESS WHEREOF the representatives of the State of Montana and the United States have signed this Compact on the ........ day of ........, 2013. History: En. Sec. 1, Ch. 224, L. 2013.

Upper Missouri River Breaks National Monument - Central Montana Upper Missouri River Breaks National Monument Next On January 17, 2001, the Upper Missouri River Breaks National Monument was officially added to the Department of the Interior's National Landscape Monument System. This national monument includes an ecosystem that parallels the Upper Missouri National Wild and Scenic River through north-central Montana. Much of the land in this area (375,000 acres) is public land managed by the Bureau of Land Management. In some areas, these BLM acres are intermingled with State of Montana lands and private property. This designation applies only to the BLM managed lands. The landscape throughout this monument contains a spectacular array of biological, scientific, historic, wildlife, ecological, and cultural resources mixed with a remote location that offers opportunities for solitude not commonly found today. This remote location retains unspoiled, natural settings that form a backdrop for outstanding recreational and cultural tourism opportunities. The center of this monument is the 149-mile long Upper Missouri National Wild and Scenic River. The Upper Missouri begins at historic Fort Benton, Montana on U.S. Highway 87 and ends 149 miles later where the Fred Robinson Bridge on U.S.

Highway 191 crosses the Missouri River. The remote nature of this segment of the Upper Missouri River has buffered the area from most human influence. It has maintained the same vistas that awed the Lewis and Clark Expedition in 1805 and 1806. Also traveled by the Nez Perce (Chief Joseph) in 1877. The monument is covered with sedimentary rocks deposited in shallow seas that covered central and eastern Montana during the Cretaceous period. Glaciers, volcanic activity, and erosion have since folded, faulted, uplifted, and sculpted the landscape to the majestic form it takes today. Many of the biological objects described in Lewis' and Clarks' journals continue to make the monument their home. The monument boasts the most viable elk herd in Montana and one of the premier big horn sheep herds in the continental United States. It contains essential winter range for sage grouse as well as habitat for prairie dogs. Lewis sent Jefferson a prairie dog specimen which was, as Lewis noted at the time, 'new to science.' Abundant plant life along the River and across the Breaks country supports this wildlife.

The lower reach of the Judith River, just above its confluence with the Missouri, contains one of the few remaining fully functioning cottonwood gallery forest ecosystems on the Northern Plains. Arrow Creek, originally called Slaughter River by Lewis and Clark, contains the largest concentration of antelope and mule deer in the monument as well as important spawning habitat for the endangered pallid sturgeon. An undammed tributary to the Missouri River, Arrow Creek is a critical seed source for cottonwood trees for the flood plain along the Missouri. The cliff faces in the monument provide perching and nesting habitat for many raptors, including the sparrow hawk, ferruginous hawk, peregrine falcon, prairie falcon, and golden eagle. Several pairs of bald eagles nest along the River in the monument and many others visit during the late fall and early winter. Shoreline areas provide habitat for great blue heron, pelican, and a wide variety of waterfowl. The River and its tributaries in the monument host forty-eight fish species, including goldeye, drum, sauger, walleye, northern pike, channel catfish, and small mouth buffalo.

The monument has one of the six remaining paddlefish populations in the United States. The River also supports the blue sucker, shovel nose sturgeon, sicklefin, sturgeon chub, and the endangered pallid sturgeon. The Bullwacker area of the monument contains some of the wildest country on all the Great Plains, as well as important wildlife habitat. During the stress-inducing winter months, mule deer and elk move up to the area from the river, and antelope and sage grouse move down to the area from the benchlands. The heads of the coulees and breaks also contain archeological and historical sites, from teepee rings and remnants of historic trails to abandoned homesteads and lookout sites used by Meriwether Lewis. Long before the time of Lewis and Clark, the area was inhabited by numerous native tribes, including the Blackfeet, Assiniboine, Gros Ventre (Atsina), Crow, Plains Cree, and Plains Ojibwa. The confluence of the Judith and Missouri Rivers was the setting for important peace councils in 1846 and 1855.

In 1877, the Nez Perce crossed the Missouri and entered the Breaks country in their attempt to escape to Canada. The Cow Island Skirmish occurred in the Breaks and was the last encounter prior to the Nez Perce surrender to the U.S. Army at the Battle of Bear Paw just north of the monument. Pioneers and the Army followed Lewis and Clark in the 1830s establishing Fort Piegan, Fort McKenzie, and Fort Benton. Remnants of this rich history are scattered throughout the monument, and the River corridor retains many of the same qualities and much of the same appearance today as it did then. Events in Lewistown By the President of the United States of America A Proclamation The Upper Missouri River Breaks National Monument contains a spectacular array of biological, geological, and historical objects of interest. From Fort Benton upstream into the Charles M. Russell National Wildlife Refuge, the monument spans 149 miles of the Upper Missouri River, the adjacent Breaks country, and portions of Arrow Creek, Antelope Creek, and the Judith River. The area has remained largely unchanged in the nearly 200 years since Meriwether Lewis and William Clark traveled through it on their epic journey.

In 1976, the Congress designated the Missouri River segment and corridor in this area a National Wild and Scenic River (Public Law 94-486, 90 Stat. 2327). The monument also encompasses segments of the Lewis and Clark National Historic Trail, the Nez Perce National Historic Trail, and the Cow Creek Island Area of Critical Environmental Concern. Lewis and Clark first encountered the Breaks country of the monument on their westward leg. In his journal, Clark described the abundant wildlife of the area, including mule deer, elk, and antelope, and on April 29, 1805, the Lewis and Clark expedition recorded the first big horn sheep observation by non-Indians in North America. Lewis' description of the magnificent White Cliffs area on the western side of the monument is especially vivid, and not just for his sometimes colorful spellings: "The hills and river Clifts which we passed today exhibit a most romantic appear-ance. . . .

The bluffs of the river rise to hight of from 2 to 300 feet and in most places nearly perpendicular; they are formed of remarkable white sandstone which is sufficiently soft to give way readily to the impression of water . . . "The water in the course of time . . . has trickled down the soft sand clifts and woarn it into a thousand grotesque figures, which with the help of a little immagination and an oblique view, at a distance are made to represent eligant ranges of lofty freestone buildings, having their parapets well stocked with statuary; collumns of various sculptures both grooved and plain, are also seen supporting long galleries in front of these buildings; in other places on a much nearer approach and with the help of less immagination we see the remains or ruins of eligant buildings; some collumns standing and almost entire with their pedestals and capitals; others retaining their pedestals but deprived by time or accident of their capitals, some lying prostrate an broken othe[r]s in the form of vast pyramids of conic structure bearing a serees of other pyramids on their tops . . .

As we passed on it seemed as if those seens of visionary inchantment would never have and [an] end; for here it is too that nature presents to the view of the traveler vast ranges of walls of tolerable workmanship, so perfect indeed are those walls that I should have thought that nature had attempted here to rival the human art of masonry . . ." The monument is covered with sedimentary rocks deposited in shallow seas that covered central and eastern Montana during the Cretaceous period. Glaciers, volcanic activity, and erosion have since folded, faulted, uplifted, and sculpted the landscape to the majestic form it takes today. The area remains remote and nearly as undeveloped as it was in 1805. Many of the biological objects described in Lewis' and Clark's journals continue to make the monument their home. The monument boasts the most viable elk herd in Montana and one of the premier big horn sheep herds in the continental United States. It contains essential winter range for sage grouse as well as habitat for prairie dogs.

Lewis sent Jefferson a prairie dog specimen which was, as Lewis noted at the time, "new to science." Abundant plant life along the River and across the Breaks country supports this wildlife. The lower reach of the Judith River, just above its confluence with the Missouri, contains one of the few remaining fully functioning cottonwood gallery forest ecosystems on the Northern Plains. Arrow Creek, originally called Slaughter River by Lewis and Clark, contains the largest concentration of antelope and mule deer in the monument as well as important spawning habitat for the endangered pallid sturgeon. An undammed tributary to the Missouri River, Arrow Creek is a critical seed source for cottonwood trees for the flood plain along the Missouri. The cliff faces in the monument provide perching and nesting habitat for many raptors, including the sparrow hawk, ferruginous hawk, peregrine falcon, prairie falcon, and golden eagle. Several pairs of bald eagles nest along the River in the monument and many others visit during the late fall and early winter. Shoreline areas provide habitat for great blue heron, pelican, and a wide variety of waterfowl.

The River and its tributaries in the monument host forty-eight fish species, including goldeye, drum, sauger, walleye, northern pike, channel catfish, and small mouth buffalo. The monument has one of the six remaining paddlefish populations in the United States. The River also supports the blue sucker, shovel nose sturgeon, sicklefin, sturgeon chub, and the endangered pallid sturgeon. The Bullwacker area of the monument contains some of the wildest country on all the Great Plains, as well as important wildlife habitat. During the stress-inducing winter months, mule deer and elk move up to the area from the river, and antelope and sage grouse move down to the area from the benchlands. The heads of the coulees and breaks also contain archeological and historical sites, from teepee rings and remnants of historic trails to abandoned homesteads and lookout sites used by Meriwether Lewis. Long before the time of Lewis and Clark, the area was inhabited by numerous native tribes, including the Blackfeet, Assiniboin, Gros Ventre (Atsina), Crow, Plains Cree, and Plains Ojibwa.

The confluence of the Judith and Missouri Rivers was the setting for important peace councils in 1846 and 1855. In 1877, the Nez Perce crossed the Missouri and entered the Breaks country in their attempt to escape to Canada. The Cow Island Skirmish occurred in the Breaks and was the last encounter prior to the Nez Perce surrender to the U.S. Army at the Battle of Bear Paw just north of the monument. Pioneers and the Army followed Lewis and Clark in the 1830s establishing Fort Piegan, Fort McKenzie, and Fort Benton. Remnants of this rich history are scattered throughout the monument, and the River corridor retains many of the same qualities and much of the same appearance today as it did then. Section 2 of the Act of June 8, 1906 (34 Stat. 225, 16 U.S.C.

431), authorizes the President, in his discretion, to declare by public proclamation historic landmarks, historic and prehistoric structures, and other objects of historic or scientific interest that are situated upon the lands owned or controlled by the Government of the United States to be national monuments, and to reserve as a part thereof parcels of land, the limits of which in all cases shall be confined to the smallest area compatible with the proper care and management of the objects to be protected. Whereas it appears that it would be in the public interest to reserve such lands as a national monument to be known as the Upper Missouri River Breaks National Monument: Now, Therefore, I, William J. Clinton, President of the United States of America, by the authority vested in me by section 2 of the Act of June 8, 1906 (34 Stat. 225, 16 U.S.C.

431), do proclaim that there are hereby set apart and reserved as the Upper Missouri River Breaks National Monument, for the purpose of protecting the objects identified above, all lands and interests in lands owned or controlled by the United States within the boundaries of the area described on the map entitled "Upper Missouri River Breaks National Monument" attached to and forming a part of this proclamation. The Federal land and interests in land reserved consist of approximately 377,346 acres, which is the smallest area compatible with the proper care and management of the objects to be protected. All Federal lands and interests in lands within the boundaries of this monument are hereby appropriated and withdrawn from all forms of entry, location, selection, sale, or leasing or other disposition under the public land laws, including but not limited to withdrawal from location, entry, and patent under the mining laws, and from disposition under all laws relating to mineral and geothermal leasing, other than by exchange that furthers the protective purposes of the monument. The establishment of this monument is subject to valid existing rights.

The Secretary of the Interior shall manage development on existing oil and gas leases within the monument, subject to valid existing rights, so as not to create any new impacts that would interfere with the proper care and management of the objects protected by this proclamation. The Secretary of the Interior shall prepare a transportation plan that addresses the actions, including road closures or travel restrictions, necessary to protect the objects identified in this proclamation. For the purpose of protecting the objects identified above, the Secretary shall prohibit all motorized and mechanized vehicle use off road, except for emergency or authorized administrative purposes. Lands and interests in lands within the proposed monument not owned by the United States shall be reserved as a part of the monument upon acquisition of title thereto by the United States. The Secretary of the Interior shall manage the monument through the Bureau of Land Management, pursuant to applicable legal authorities, including the National Wild and Scenic Rivers Act, to implement the purposes of this proclamation. Because waters of the Upper Missouri River through the monument area have already been reserved through the Congress's designation of the area as a component of the National Wild and Scenic River System in 1976, this proclamation makes no additional reservation of water, except in two small tributaries, the Judith River and Arrow Creek.

These tributaries contain outstanding objects of biological interest that are dependent on water, such as a fully functioning cottonwood gallery forest ecosystem that is rare in the Northern Plains. Therefore, there is hereby reserved, as of the date of this proclamation and subject to valid existing rights, a quantity of water in the Judith River and Arrow Creek sufficient to fulfill the purposes for which this monument is established. Nothing in this reservation shall be construed as a relinquishment or reduction of any water use or rights reserved or appropriated by the United States on or before the date of this proclamation. Nothing in this proclamation shall be deemed to enlarge or diminish the jurisdiction of the State of Montana with respect to fish and wildlife management. Nothing in this proclamation shall be deemed to enlarge or diminish the rights of any Indian tribe. Laws, regulations, and policies followed by the Bureau of Land Management in issuing and administering grazing permits or leases on all lands under its jurisdiction shall continue to apply with regard to the lands in the monument. Nothing in this proclamation shall be deemed to revoke any existing withdrawal, reservation, or appropriation; however, the national monument shall be the dominant reservation.

Warning is hereby given to all unauthorized persons not to appropriate, injure, destroy, or remove any feature of this monument and not to locate or settle upon any of the lands thereof. In Witness Whereof, I have hereunto set my hand this seventeenth day of January, in the year of our Lord two thousand one, and of the Independence of the United States of America the two hundred and twenty-fifth. WILLIAM J. CLINTON Citation: William J. Clinton: "Proclamation 7398—Establishment of the Upper Missouri River Breaks National Monument," January 17, 2001. Online by Gerhard Peters and John T. Woolley, The American Presidency Project.

Question: The Missouri Breaks National Monument is in which US State?
Answer: MONTANA